BILL NUMBER: SB 2028	CHAPTERED  09/11/00

	CHAPTER   393
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN SENATE   MAY 1, 2000

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 25, 2000

   An act to amend Sections 473.1, 473.2, 473.3, 473.5, 7801, 7810,
7815.5, 18602, and 18613 of, and to  repeal Sections 473.16 and
473.17 of, the Business and Professions Code, and to repeal Section 1
of Chapter 78 of the Statutes of 1997, relating to professions and
vocations.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2028, Figueroa.     Joint Legislative Sunset Review Committee:
geologists and geophysicists:  State Athletic Commission.
   (1) Existing law creates the Joint Legislative Sunset Review
Committee and specifies its duties with respect to the review of
various boards and commissions.
   This bill would repeal certain provisions governing the committee'
s review duties and would revise various other provisions relating to
the operation of the committee and related reporting dates and
requirements for boards and commissions subject to committee review.

   (2) The Geologist and Geophysicists Act provides for the licensing
and regulation of geologists and geophysicists by the State Board of
Registration for Geologists and Geophysicists.  The provisions
creating the board and authorizing the board to appoint an executive
officer will become inoperative on July 1, 2001, and will be repealed
on January 1, 2002.
   This bill would instead provide that these provisions would become
inoperative on July 1, 2005, and would be repealed on January 1,
2006.  This bill would rename the board as the Board for Geologists
and Geophysicists.
   (3) The Boxing Act provides for the establishment of the State
Athletic Commission within the Department of Consumer Affairs and
makes the commission responsible for the regulation of boxing,
kickboxing, and martial arts contests, matches, and exhibitions.
Under existing law, the provisions creating the commission will
become inoperative on July 1, 2001, and will be repealed on January
1, 2002.
   This bill would instead provide for these provisions to become
inoperative on July 1, 2005, and to be repealed on January 1, 2006.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 473.1 of the Business and Professions Code is
amended to read:
   473.1.  This division shall apply to all of the following:
   (a) Every board, as defined in Section 22, that is scheduled to
become inoperative and to be repealed on  a specified date as
provided by the specific act relating to the board.
   (b) The Bureau for Postsecondary and Vocational Education.  For
purposes of this division, "board" includes the bureau.
  SEC. 2.  Section 473.16 of the Business and Professions Code is
repealed.
  SEC. 3.  Section 473.17 of the Business and Professions Code is
repealed.
  SEC. 4.  Section 473.2 of the Business and Professions Code is
amended to read:
   473.2.  All boards to which this division applies shall, with the
assistance of the Department of Consumer Affairs, prepare an analysis
and submit a report to the Joint Legislative Sunset Review Committee
no later than  22 months before that board shall become inoperative.
  The analysis and report shall include, at a minimum, all of the
following:
   (a) A comprehensive statement of the board's mission, goals,
objectives and legal jurisdiction in protecting the health, safety,
and welfare of the public.
   (b) The board's enforcement priorities, complaint and enforcement
data, budget expenditures with average- and median-costs per case,
and case aging data specific to post and preaccusation cases at the
Attorney General's office.
   (c) The board's fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component.
   (d) The board's description of its licensing process including the
time and costs required to implement and administer its licensing
examination, ownership of the license examination, relevancy and
validity of the licensing examination, and passage rate and areas of
examination.
   (e) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.
  SEC. 5.  Section 473.3 of the Business and Professions Code is
amended to read:
   473.3.  (a) Prior to the termination, continuation, or
reestablishment of any board or any of the board's functions, the
Joint Legislative Sunset Review Committee shall, during the interim
recess preceding the date upon which a board becomes inoperative,
hold public hearings to receive testimony from the Director of
Consumer Affairs, the board involved, and the public and regulated
industry.  In that hearing, each board shall have the burden of
demonstrating a compelling public need for the continued existence of
the board or regulatory program, and that its licensing function is
the least restrictive regulation consistent with the public health,
safety, and welfare.
   (b) In addition to subdivision (a), in the year  2002 and every
four years thereafter, the committee shall hold a public hearing to
receive testimony from the Director of Consumer Affairs, the Bureau
for Private Postsecondary and Vocational Education, private
postsecondary educational institutions regulated by the bureau, and
students of those institutions.  In those hearings, the bureau shall
have the burden of demonstrating a compelling public need for the
continued existence of the bureau and its regulatory program, and
that its function is the least restrictive regulation consistent with
the public health, safety, and welfare.
  SEC. 6.  Section 473.5 of the Business and Professions Code is
amended to read:
   473.5.  The Joint Legislative Sunset Review Committee shall report
its findings and preliminary recommendations to the department for
its review, and, within  90 days of receiving the report, the
department shall report its findings and recommendations  to the
Joint Legislative Sunset Review Committee during the next year of the
regular session that follows the hearings described in Section
473.3.  The committee shall then meet to vote on final
recommendations.  A final report shall be completed by the committee
and made available to the public and the Legislature.  The report
shall include final recommendations of the department and the
committee and whether each board or function scheduled for repeal
shall be terminated, continued, or reestablished, and whether its
functions should be revised.  If the committee or the department
deems it advisable, the report may include proposed bills to carry
out its recommendations.
  SEC. 7.  Section 7801 of the Business and Professions Code is
amended to read:
   7801.  "Board," as used in this chapter, means the Board for
Geologists and Geophysicists.  Any reference in any law or regulation
to the State Board of Registration for Geologists and Geophysicists
shall be deemed to refer to the Board for Geologists and
Geophysicists.
  SEC. 8.  Section 7810 of the Business and Professions Code is
amended to read:
   7810.  The  Board for Geologists and Geophysicists is within the
department and is subject to the jurisdiction of the department.
Except as provided in this section, the board shall consist of eight
members, five of whom shall be public members, two of whom shall be
geologists, and one of whom shall be a geophysicist.
   Each member shall hold office until the appointment and
qualification of the member's successor or until one year has elapsed
from the expiration of the term for which the member was appointed,
whichever occurs first.  Vacancies occurring prior to the expiration
of the term shall be filled by appointment for the remainder of the
unexpired term.
   Each appointment shall be for a four-year term expiring June 1 of
the fourth year following the year in which the previous term
expired.  No person shall serve as a member of the board for more
than two consecutive terms.
   The Governor shall appoint three of the public members and the
three members qualified as provided in Section 7811.  The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
a public member, and their initial appointment shall be made to
fill, respectively, the first and second public member vacancies that
occurred on or after January 1, 1983.
   At the time the first vacancy is created by the expiration of the
term of a public member appointed by the Governor, the board shall be
reduced to consist of seven members, four of whom shall be public
members, two of whom shall be geologists, and one of whom shall be a
geophysicist.  Notwithstanding any other provision of law, the term
of that member shall not be extended for any reason, except as
provided in this section.
   This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.  The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 9.  Section 7815.5 of the Business and Professions Code is
amended to read:
   7815.5.  The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
   This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 10.  Section 18602 of the Business and Professions Code is
amended to read:
   18602.  Except as provided in this section, there is in the
Department of Consumer Affairs the State Athletic Commission, which
consists of eight members.  Six members shall be appointed by the
Governor, one member shall be appointed by the Senate Rules
Committee, and one member shall be appointed by the Speaker of the
Assembly.
   The members of the commission appointed by the Governor are
subject to confirmation by the Senate pursuant to Section 1322 of the
Government Code.
   No person who is licensed under this chapter as a promoter,
manager, or judge may be appointed or reappointed to, or serve on,
the commission.
   Upon the first expiration of the term of a member appointed by the
Governor, the commission shall be reduced to seven members.
Notwithstanding any provision of law, the term of that member shall
not be extended for any reason.
   This section shall become inoperative on July 1, 2005, and as of
January 1, 2006, is repealed, unless a later enacted statute, which
becomes operative on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.  The
repeal of this section renders the commission subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 11.  Section 18613 of the Business and Professions Code is
amended to read:
   18613.  The commission shall appoint an executive officer and fix
his or her compensation.  The executive officer shall carry out the
duties prescribed by this chapter and additional duties as may be
delegated by the commission.  The commission may employ in accordance
with Section 154 other personnel as may be necessary for the
administration of this chapter.
   This section shall become inoperative on July 1, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 12.  Section 1 of Chapter 78 of the Statutes of 1997 is
repealed.
